End User License Agreement
Privacy Statement
This End User License Agreement (this “Agreement”) applies to the Alerta Panama®
mobile application (the “Application”) provided by In-telligent Properties LLC ("In-
telligent," “Licensor,” "we," "us," and "our"). This Agreement constitutes a legally binding
agreement made between you, whether personally or on behalf of an entity (“you”) and
In-telligent® (“we,” “us” or “our”), concerning your access to and use of our mobile
application (the “Application”). In this Agreement you are referred to as “you,” “your” and
“Licensee.”
YOUR RIGHT TO USE THE APPLICATION IS SUBJECT TO YOU ACCEPTING THE
TERMS OF THISAGREEMENT, AND BY ACCESSING THE APPLICATION YOU
AGREE TO ACCEPT THE TERMS OF THE AGREEMENT. IF YOU DO NOT ACCEPT
THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE THE APPLICATION AND
MAY NOT INSTALL IT.
Modification to Agreement
Supplemental terms and conditions or documents that may be posted on the Application
from time to time are hereby expressly incorporated herein by reference. We reserve the
right, in our sole discretion, to make changes or modifications to this Agreement at any
time and for any reason. Amendments to this Agreement will be posted on or linked to
the Application. It is your responsibility to periodically review this Agreement to stay
informed of updates. You will be subject to and will be deemed to have been made aware
of and to have accepted, the changes in any revised Agreement by your continued use
of the Application after the date such changes are posted. To the maximum extent
allowed by law, and except as otherwise expressly provided at the time of such
amendment, such amendments are effective when posted. Your continued use of the
Application following the posting of any amendment shall constitute your acceptance
thereof. If you do not agree to the terms of this Agreement or any amendment, you may
not use the Application and must uninstall it.
Using the Application
Subject to compliance with the Agreement and provided that you are eligible to use the
Application, including, but not limited to, applicable age and residency restrictions, we
hereby grant you a limited, non-transferable, non-sublicensable and revocable license to
install, access and use the Application on mobile device that you own or control strictly
for the Application’s intended purpose, which shall be for your personal and non-
commercial use. Mobile devices include devices running iOS or Android and the
Application shall be provided to Your mobile device by an official marketplace, such as
the Apple App Store or the Google Play Store. If you sell or otherwise transfer a device
on which the Application is installed, you must remove the Application from such device
before doing so. You may not: (1) copy, decompile, reverse engineer, disassemble,
attempt to derive the source code of, or decrypt the Application: (2) modify, adapt,
improve, enhance, translate or create derivative works of the Application, any updates, or
any part thereof; (3) violate any applicable laws, rules, or regulations in connection with
your access or use of the application; (4) remove, alter, or obscure any proprietary notice
(including any notice of copyright or trademark) posted by us or the licensors of the
application; (5) use the application for any revenue generating endeavor, commercial
enterprise, or other purpose for which it is not designed or intended; (6) make the
application available over a network or other environment permitting access or use by
multiple devices or users at the same time; (7) use the application for creating a product,
service, or software that is, directly or indirectly, competitive with or in any way a substitute
for the application; (8) use the application to send automated queries to any website or to
send any unsolicited commercial e-mail; or (9) use any proprietary information or any of
our interfaces or our other intellectual property in the design, development, manufacture,
licensing, or distribution of any applications, accessories, or devices for use with the
application. Provided that you are eligible to use the Application, you may download or
print a copy of the Application content and documentation to which you have properly
gained access solely for your personal, non-commercial use, but such copies shall not be
distributed to others. Distribution of the Application by third-party marketplaces is
prohibited. Non-personal and commercial uses of the Application, such as reselling or
outsourcing the Application’s functionality or otherwise using it as a service bureau or
data center, is prohibited. Uses of the Application not expressly authorized herein are
prohibited. All rights not expressly granted are hereby reserved.
Subject to applicable law, In-telligent reserves the right, with or without prior notice, to do
any one or more of the following: (a) limit the available quantity of, or discontinue any
offering of, any product or promotion; and (b) impose conditions on your use of the
Application.
Account Registration, Password and Security
Your use of the Application may require you to register and you may be asked to select
a password. You agree to provide accurate and truthful information and to update such
information to keep it true and accurate. Select a password that would be difficult to
guess, and change it regularly as an added precaution. You agree to use a unique
password for the Application that is not shared with any other website or service You
use. You agree to keep your password confidential and will be responsible for all use of
your account and password. You agree to notify us immediately of unauthorized use of
your password or account.
We reserve the right to take such action in our discretion to help ensure the security of
the Application, including, without limitation, terminating an account. We reserve the right
to remove, reclaim, or change a username you select if we determine, in our sole
discretion, that such username is inappropriate, obscene, or otherwise objectionable.
NOTWITHSTANDING THE ABOVE, WE MAY RELY ON THE AUTHORITY OF ANYONE
ACCESSING YOUR ACCOUNT OR USING YOUR PASSWORD, AND IN NO EVENT,
AND UNDER NO CIRCUMSTANCES, SHALL WE BE HELD LIABLE TO YOU FOR ANY
LIABILITIES OR DAMAGES ARISING OUT OF (I) ANY ACTION OR INACTION OF IN-
TELLIGENT UNDER THIS PROVISION OR (II) ANY COMPROMISE OF THE
CONFIDENTIALITY OF YOUR ACCOUNT OR PASSWORD OR ANY UNAUTHORIZED
ACCESS TO YOUR ACCOUNT OR USE OF YOUR PASSWORD EXCEPT TO THE
EXTENT SUCH COMPROMISE, ACCESS OR USE IS CAUSED SOLELY BY IN-
TELLIGENT’S BREACH OF THE EXPRESS TERMS OF THIS AGREEMENT, AS
PROVEN BY CLEAR AND CONVINCING EVIDENCE. YOU MAY NOT USE ANYONE
ELSE’S ACCOUNT AT ANY TIME.
Offerings
All descriptions, images, references, features, content, specifications, products, and
prices of products and services described or depicted on the Application are subject to
change at any time without notice.
Transactions Using Mobile Devices
You are solely responsible for any damage to or technical difficulties that arise from your
use of the Application on your mobile device. In-telligent cannot and does not warrant that
the Application will work as anticipated on every device. Moreover, In-telligent cannot and
does not warrant that the Application will be free from errors resulting in data interruptions,
data loss, or any other malfunction.
Your mobile service carrier or provider may assess data or other charges based on your
downloading and/or use of the Application. In-telligent recommends that you refer to your
service provider’s terms of use for information regarding your account, including
applicable data and other charges, prior to downloading and using the Application. YOU
SHALL BE SOLELY RESPONSIBLE FOR ANY CHARGES AND FEES, INCLUDING,
BUT NOT LIMITED TO, DATA AND OTHER USAGE CHARGES ASSESSED TO YOU
BY YOUR MOBILE CARRIER BECAUSE OF YOUR DOWNLOADING AND/OR USE OF
THE APPLICATION.
You are solely responsible for securing any mobile device on which you have installed
the Application. In-telligent shall not be responsible for any damage or injury that arises
from unauthorized use of your mobile device, including, but not limited to, products and
services purchased from said device.
Prohibited Conduct
You agree not to: (a) access or attempt to access any information, documents, images,
software or material (individually and collectively, “Materials”) that you are not authorized
to access and/or through any means that you are not authorized to use such as any
means not intentionally made available by or through the Application; (b) disrupt or
interfere with the security of, or otherwise cause harm to the Application, or to any
Materials, systems resources, accounts, passwords, servers or networks connected to or
accessible through the Application or any affiliated or linked sites; (c) access or use the
Application in any manner that could damage, disable, overburden or impair any server
or network used by In-telligent in connection with the Application; (d) use any Materials in
connection with the Application in any manner that infringes upon any copyrights, patents
or other intellectual property rights, privacy rights, rights of publicity or other rights of any
party; (e) transmit unsolicited or bulk communications to any In-telligent account holder
or to any In-telligent.com email address or other email addresses associated with In-
telligent; (f) post or otherwise submit any software, programs or Materials via the
Application that are harmful or disruptive of another’s equipment, software or other
property, including any corrupted files, time bombs, Trojan Horses, viruses and worms;
(g) disrupt, interfere with or inhibit any other user from using and enjoying the Application
or other sites, Materials or services associated with In-telligent; (h) violate any applicable
laws or regulations related to the access to or use of the Application, and/or engage in
any activity prohibited by this Agreement; (i) compile, use, download or otherwise copy
any Materials available on the Application (except as expressly permitted by the
Agreement), or transmit, provide or otherwise distribute (whether or not for a fee) such
Materials to any third party; (j) use the Application to engage in any chain letters, contests,
junk email, pyramid schemes, spamming, surveys or any other duplicative or unsolicited
messages (commercial or otherwise); (k) use any robot, spider, or other programmatic or automatic device, to obtain information from the Application or others’ use of the
Application or otherwise monitor or copy any portion of the Application; (l) frame, mirror,
or use framing techniques on any part of the Application without In-telligent’s express
prior written consent; (m) make any use of data extraction, scraping, mining, or other data
gathering tools, or create a database by systematically downloading or storing Application
Materials, or otherwise scrape, collect, store, or, except pursuant to the limited license
granted by this Agreement, use any Materials; (n) use the Application for any purpose
that is abusive, intrusive of another’s privacy, harassing, libelous, defamatory,
embarrassing, obscene, threatening or hurtful; (o) remove any copyright, trademark, or
other proprietary rights notice from the Application or Materials; and/or (p) use any In-
telligent domain name as a pseudonymous return email address.
These examples of prohibited conduct are illustrative and are not exhaustive. In-telligent
reserves the right to take action, up to and including terminating a user’s account, if the
user is determined, in In-telligent sole discretion, to have engaged in prohibited conduct
or otherwise violated this Agreement.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN-TELLIGENT, ITS
PARENT, SUBSIDIARIES, AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS,
MEMBERS, MANAGERS, AGENTS, REPRESENTATIVES, SERVICE PROVIDERS,
SUPPLIERS, LICENSORS AND MERCHANTS (IN-TELLIGENT AND SUCH OTHER
INDIVIDUALS AND ENTITIES INDIVIDUALLY AND COLLECTIVELY REFERRED TO
AS “IN-TELLIGENT RELATED PARTIES”) SHALL NOT BE RESPONSIBLE FOR, NOR
BE LIABLE TO YOU OR ANY THIRD PARTY FOR, ANY DAMAGES OR OTHER
MONETARY RELIEF, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES
OR LOST PROFITS ARISING OUT OF OR RELATING IN ANY WAY TO THE
APPLICATION, OR INFORMATION CONTAINED WITHIN THE APPLICATION,
INCLUDING, BUT NOT LIMITED TO, THE RECEIPT OF OR RELIANCE UPON ANY
INFORMATION OBTAINED BY OR THROUGH THE APPLICATION, INCLUDING, BUT
NOT LIMITED TO, MESSAGES RELATING TO SAFETY, WEATHER, TRAFFIC,
FACILITY EVENTS, AND OTHER MATTERS (COLLECTIVELY, “MESSAGES”) AND
YOUR CONDUCTING OF ANY TRANSACTIONS BY OR THROUGH THE
APPLICATION. ADDITIONALLY, WITHOUT LIMITING THE FORCE OF THE
FOREGOING LIMITATIONS OF LIABILITY AND DAMAGES AND ANY DISCLAIMER IN
THIS AGREEMENT, TO THE MAXIMUM EXTENT AUTHORIZED BY LAW, THE TOTAL
AGGREGATE AND COMBINED LIABILITY OF THE IN-TELLIGENT-RELATED
PARTIES SHALL BE LIMITED TO THE AMOUNT OF MONEY, IF ANY, THAT YOU
EXPENDED IN CONNECTION WITH THE TRANSACTION OR EVENT GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS APPLY IRRESPECTIVE OF
WHETHER A CLAIM IS BROUGHT UNDER CONTRACT, TORT, WARRANTY OR
OTHER THEORY. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF
LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY
TO YOU, AND YOU MAY HAVE RIGHTS IN ADDITION TO THOSE CONTAINED
HEREIN. IN SUCH JURISDICTIONS, IN-TELLIGENT-RELATED PARTIES' LIABILITY
IS LIMITED TO THE MAXIMUM EXTENT ALLOWED BY LAW.
Disclaimer of Warranties
YOU AGREE AND ACKNOWLEDGE THAT USE OF THE APPLICATION IS WITHOUT
WARRANTY OF ANY KIND AND THAT THE ACCESS TO AND USE OF THE
APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, TO THE
FULL EXTENT PERMISSIBLE BY APPLICABLE LAW. ALL WARRANTIES ARE
HEREBY DISCLAIMED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND WARRANTIES BASED ON CUSTOM OR PRACTICE. WE MAKE NO
WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THE APPLICATION’S CONTENT OR THE CONTENT OF ANY
WEBSITES LINKED TO THIS APPLICATION AND WE WILL ASSUME NO LIABILITY
OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF
ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF
THE APPLICATION, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR
SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE APPLICATION, (5) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH THE APPLICATION BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS
OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
APPLICATION. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED
BY A THIRD PARTY THROUGH THE APPLICATION, ANY HYPERLINKED WEBSITE,
OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR
OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE
CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY ANY USER FROM IN-TELLIGENT OR THE
APPLICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
HEREIN.
FOR THE AVOIDANCE OF DOUBT, AND WITHOUT LIMITING THE FOREGOING, IN-
TELLIGENT CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE
OPERATION OF THE APPLICATION, ITS SERVER, OR USER CONTENT WILL BE
ERROR-FREE, UNINTERRUPTED, TIMELY, SECURE, FREE FROM VIRUSES AND
OTHER HARMFUL COMPONENTS, FREE FROM UNAUTHORIZED ACCESS
(INCLUDING THIRD-PARTY HACKERS OR DENIAL OF SERVICE ATTACKS), OR
OTHERWISE MEET YOUR REQUIREMENTS.
Additional Disclaimer Related to Third-Party Content and Links to Third-Party Sites
We may display on the Application user content, information, instructions, videos,
services, products, functionality (such as maps, weather, and traffic information and tools)
and other Materials from third parties, and links to third-party sites. The appearance of
such Materials and external hyperlinks generated by third parties does not constitute
endorsement by In-telligent or its affiliates of information contained in such Materials or
of any content of the linked third-party site, and In-telligent does not verify or take
responsibility for the accuracy, currency, completeness, or quality of the content
contained on these sites. Therefore, neither In-telligent nor its affiliates will be responsible
for any errors or omissions or for the results obtained from the use of such information
contained on these sites. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR
INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR
RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY THIRD-PARTY
CONTENT DISPLAYED ON OR THROUGH THE APPLICATION, ANY PRODUCTS,
SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH CONTENT, ANY
LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.
YOU ACKNOWLEDGE THAT WE MAY PROVIDE THE OPERATOR OR OTHERS
ASSOCIATED WITH THE OPERATOR (COLLECTIVELY, “OPERATORS”) THE
ABILITY TO TRANSMIT MESSAGES THROUGH THE APPLICATION. UNDER NO
CIRCUMSTANCES ARE IN-TELLIGENT-RELATED PARTIES OR THE OPERATORS
LIABLE FOR THEIR FAILURE OR OF THE FAILURE OF THEIR TECHNOLOGY TO
TRANSMIT A MESSAGE, THE TIMING OR DELAY IN TRANSMITTING A MESSAGE,
THE CONTENT OR ACCURACY OF A MESSAGE, OR OTHER MISTRANSMISSION
OF A MESSAGE WHETHER ON ITS OR THEIR OWN BEHALF OR BEHALF OF ANY
FACILITY OR FACILITY OPERATOR, AND SUCH LIABILITY IS EXPRESSLY
DISCLAIMED.
Indemnity
You agree to defend, indemnify and hold harmless the In-telligent and In-telligent Related
Parties from any loss, liability, claim or demand, including reasonable attorneys’ fees,
made by any third party due to or arising out of Your modification or misuse of the
Application, including without limitation, any information or content you submit to or
through the Application, any material you download from the Application, or any
interference with the operation of the Application.
Provisions Relating to Apple, Inc.
For avoidance of doubt, Apple Inc. (Apple) is not party to the Agreement and Apple has
no obligation to provide support and maintenance to the Application as provided via the
Apple App Store. Without limiting the force of any disclaimers in this Agreement, to the
extent that any warranty survives or exists notwithstanding all such disclaimers, and, to
the extent the application fails to conform to such surviving warranty, you may notify Apple
of such failure and Apple may elect to refund to you any purchase price for the Application
(if any) and then, to the maximum extent permitted by applicable law, Apple will have no
other warranty obligations with respect to the Application. You and In-telligent agree that
Apple is not responsible for addressing your claims or those of any third party relating to
the Application or your possession and/or use of the Application, including, but not limited
to: (i) product liability claims; (ii) any claim that the Application fails to conform to legal or
regulatory requirements; or (iii) claims arising under consumer protection or similar
legislation. Apple is not responsible for the investigation, defense, settlement and
discharge of any third-party claim that your possession and use of the Application
infringes that third-party’s intellectual property rights. You agree to comply with any
applicable third-party terms, when using the Application. Apple and Apple’s subsidiaries
are third-party beneficiaries of this Agreement, and upon your acceptance of this
Agreement, Apple will have the right (and will be deemed to have accepted the right) to
enforce this Agreement against you as a third-party beneficiary of this Agreement. You
hereby represent and warrant that (i) you are not located in a country that is subject to a
U.S. Government embargo, or that has been designated by the U.S. Government as a
“terrorist-supporting” country; and (ii) you are not listed on any U.S. Government list of
prohibited or restricted parties. If In-telligent provides a translation of the English language
version of this Agreement, the translation is provided solely for convenience, and the
English version shall prevail.
Disclosure of Location Data
Using the Application to contact local emergency services may result in the provision of
certain personal information, such as your location as required to render the requested
emergency services. You agree that this is not only appropriate but expressly allowed.
Intellectual Property Rights
The Application is our proprietary property and all source code, databases, functionality,
software, website designs, audio, video, text, photographs, and graphics on the
Application (collectively, the “Content”) and the In-telligent, the In-telligent logo, and all
other trademarks, service marks, and logos contained therein (the “Marks”) are owned or
controlled by us or licensed to us, and are protected by copyright and trademark laws and
various other intellectual property rights and unfair competition laws of the United States,
foreign jurisdictions, and international conventions. The Content and the Marks are
provided on the Application “AS IS” for your information and personal use only. Except as
expressly provided in this Agreement , no part of the Application and no Content or Marks
may be copied, reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise
exploited for any commercial purpose whatsoever, without our express prior written
permission. Any unauthorized use of these Materials may violate trademark, copyright,
patent, or other laws. You agree not to modify, reproduce, retransmit, distribute,
disseminate, sell, publish, broadcast, or circulate any such Materials except as expressly
permitted in the Agreement.
Notices and Electronic Communications
Except as explicitly stated otherwise, any notices you send to In-telligent shall be sent by
email and regular mail at the addresses listed in the paragraph immediately below. In the
case of legal notices In-telligent sends to you (for example, regarding this Agreement or
the Privacy Statement), you consent to receive notices and other communications by In-
telligent posting notices in the Application or links thereto or sending you an email at the
email address listed in your profile in your account. YOU HEREBY AGREE TO THE USE
OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS,
AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby
waive any rights or requirements under any statutes, regulations, rules, ordinances, or
other laws in any jurisdiction which require an original signature or delivery or retention of
non-electronic records, or to payments or the granting of credits by any means other than
electronic means. You agree that a printed version of this Agreement and/or any notice
given in electronic form shall be admissible in judicial or administrative proceedings based
upon or relating to this Agreement to the same extent and subject to the same conditions
as other business documents and records originally generated and maintained in printed
form.
Miscellaneous Notices
Please note the following:
(a) In-telligent is located at 1 N Wacker Drive, Suite 3900, Chicago, Illinois 60606 USA;
and
(b) if you have a question or complaint regarding this Application or In-telligent’s products
or services, please send an email to support@in-telligent.com. You may also contact us
by writing to the address above.
In accordance with California Civil Code 1789.3, California residents may reach the
Complaint Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento,
California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Dispute Resolution
In the event a dispute arises between you and In-telligent, as a condition precedent to
bringing any litigation, you and In-telligent agree to first contact each other at the address
provided above for In-telligent, and at the e-mail address provided by you in connection
with your account, and provide a written description of the problem, how the party has
been harmed, what the party is demanding, a statement of the merits of the claim, and a
proposed resolution. In the event the proposed resolution is not acceptable, you and In-
telligent shall, within thirty (30) days, make good faith efforts to resolve the matter through
in-person or telephonic negotiation between you and a representative of In-telligent
(either side may have, in addition to the parties, a lawyer present). WITHOUT LIMITING
THE EFFECT OF ANY DISCLAIMER CONTAINED HEREIN, ANY CAUSE OF ACTION
YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE APPLICATION MUST BE
COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION
ARISES.
This Agreement shall be governed and interpreted in accordance with the substantive law
of the state of Illinois without regard to its conflict of law provisions. The parties agree
that, to the maximum extent enforceable under applicable law, any litigation regarding
use of the Application and the Agreement shall be brought in the state or federal courts
in Cook County, Illinois. If applicable law does not permit forcing a party to litigate in Cook
County, Illinois or if In-telligent otherwise agrees, any such litigation will be brought in the
courts having jurisdiction over the county in which the events giving rise to the claim
occurred. The Agreement has been written in the English language, and you agree that
this English language version will govern your use of the Application, dispute
proceedings, and other matters described in the Agreement.
Force Majeure
In-telligent shall be excused from performance hereunder to the extent that performance
is prevented, delayed, or obstructed by causes beyond our control, such as strikes, riots,
insurrection, fires, floods, explosions, pandemics, war, governmental action, labor
conditions, earthquakes, or natural disasters.
Assignment
You may not assign any of your rights or obligations hereunder, whether by operation of
law or otherwise, without the prior written consent of In-telligent. Notwithstanding the
foregoing, In-telligent may assign the Agreement, and the rights and obligations therein,
at any time, including but not limited to, in connection with a merger, acquisition, corporate
reorganization, or sale of all or substantially all of our assets. Subject to the foregoing, the
Agreement shall bind and inure to the benefit of the parties, their respective successors
and permitted assigns.
Entire Agreement
This Agreement, including the documents incorporated herein by reference, is the entire
understanding and agreement between In-telligent and you with respect to the subject
matter hereof.
Severability
The invalidity or unenforceability of any provision of this Agreement shall not affect the
validity or enforceability of any other provision. In the event that any provision of this
Agreement is found to be invalid or unenforceable, this Agreement shall be construed in
accordance with its terms as if the invalid or unenforceable provision was not contained
therein. You agree that this Agreement will not be construed against us by virtue of having
drafted them. No delay or failure by In-telligent to enforce any provision of this Agreement
shall be a waiver of any of our rights under this Agreement.
Digital Millennium Copyright Act Notice Policy
We respect the intellectual property rights of others, and ask you to do the same. If you
believe that your work has been posted on or in the Application in a way that constitutes
copyright infringement, please contact us at the address below and provide the following
information: (a) the identity of the copyrighted work that you claim has been infringed, or,
if multiple copyrighted works are covered by the notice, a representative list of the
copyrighted works that you claim have been infringed via the Application; (b) identification
of the material that you claim is infringing (including sufficient information so that we may
locate the material on the Application, such as the URL where such material may be found on the Application); (c) your street or mailing address, telephone number, and, if available,
email address; (d) the following affirmation (if true): "I hereby state that I have a good faith
belief that the disputed use of the copyrighted material is not authorized by the copyright
owner, its agent, or the law (e.g., fair use)."; (e) the following affirmation (if true): "I hereby
state that the above information in this Notice is accurate and, under penalty of perjury,
that I am the copyright owner, or authorized to act on behalf of the owner of the copyright
or of the exclusive right under the copyright allegedly infringed."; (f) electronic or physical
signature of the copyright owner or of a person authorized to act on behalf of the owner
of the copyright or of any exclusive right under the copyright.
Company’s designated agent for notice of copyright infringement can be reached at:
Agent: Allan C Sutherland
In-telligent Properties LLC
1 N Wacker Drive, Suite 3900
Chicago, Illinois 60606 USA
e-mail: support@in-telligent.com
Export Regulation and Government Restricted Rights
You may not use or otherwise export or re-export the Application except as authorized by
United States law and the laws of the jurisdiction in which the Application was obtained.
In particular, but without limitation, the Application may not be exported or re-exported (a)
into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's
Specially Designated Nationals List or the U.S. Department of Commerce Denied
Persons List or Entity List. By using the Application, you represent and warrant that you
are not located in any such country or on any such list. You also agree that you will not
use these products for any purposes prohibited by United States law, including, without
limitation, the development, design, manufacture, or production of nuclear, missile, or
chemical or biological weapons.
The Application is deemed to be commercial computer software as defined in FAR 12.212
and subject to restricted rights as defined in FAR Section 52.227-19 “Commercial
Computer Software-Restricted Rights” and DFARS 227.7202, “Rights in Commercial
Computer Software or Commercial Computer Software Documentation”, as applicable,
and any successor regulations. Any use, modification, reproduction release,
performance, display or disclosure of the Application by the U.S. Government shall be
solely in accordance with the terms of this Agreement.
